Registration procedures for amendment to Investment Certificate

Registration procedures for adjustment  investment certificates in case of division, separation, consolidation, merger business, after adjustment satisfies the following conditions:

- Not under areas of investment conditions prescribed in Article 29 Investment Law in 2005; 

- Not under areas approved by the Prime Minister on the investment policy as prescribed in Article 37 of Decree 108/2006/ND-CP dated 09/22/2006 guiding the implementation of some articles of Investment Law;

- Projects with investment capital from 15 to 300 billion VND.

1. Executive order

  Step 1: Investors apply registration adjustment  investment certificates dossiers at Department of Plan and Investment/industrial area's management committee (including also the registration dossiers adjust the contents of business registration)

 Step 2: Investors receive the certificate of investment adjustment at Department of Plan and Investment/industrial area's management committee

2. Components, the number of records:

a)The dossier shall be including:

- Registration document to adjust the investment certificate (applicable on Form 6 or Form 16 Annex I, Decision 1088/2006/QD-BKH);

- Minutes of meetings of the members / Board / General of Shareholders / Decision of the President of the Company (or the decision of the owner) through or decisions about the content on request for modification

- A copy of a certificate of organization and management structure of the Company (if any);

- A copy of investment certificate/investment licenses and adjustment certificates (in the case issued by the Management Board); copy notary's certificate of business registration (if any);

- Report on project implementation at the time of registration adjustment;

In addition to the above item, in each specific case, dossiers of adjustments need different document:

* Business merger profile: 

- Contract on business merger  signed by the representatives of Investors specified by Article 153, Enterprises Law 2005.

- Another document specified by Chapter II, Decree No. 88/2006/ND-CP issued  22/8/2006.

* Company divided Profiles:

- Decision on division of the company compliant with Article 150 Enterprise Law 2005.

- Other document specified by Article 15, Article 16 Decree No. 88/2006/ND-CP issued  22/8/2006.

* Company separation Profiles:

- Decision on separation of company compliant with Article 151, Enterprise Law 2005.

- Other document specified by Article 15, Article 16 Decree No. 88/2006/ND-CP issued  22/8/2006.

b) Number of dossier: 02 sets (including 01 original)

3. Time limit for settlement: 15 working day after receiving valid dossiers 

4. Subjects performed: organization.

5. The results of the implementation of administrative procedures: Certificate.

6. Legal basic:

- Investment Law issued 29/11/2005;

- Enterprise income tax Law issued 03/6/2008;

- Enterprise Law issued 29/11/2005;

- Decree No. 124/2008/ND-CP issued 11/12/2008 detailing and guiding the implementation of a number of articles of the  Enterprise Income Tax Law;

- Decree No. 108/2006/ND-CP issued 22/9/2006 detailing and guiding the implementation of a number of articles of the Investment Law 2005;

- Decree No. 88/2006/ND-CP issued 29/8/2006 on business registration;

- Decision No. 1088/2006/QD-BKH issued by Ministry of Plan and Investment 19/10/2006 on issuing the forms of documents to implementation the investment procedure in Vietnam.

* For any further request, feel free contact us

 
(Intercode Team)